Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-06-02
iNFoR NATION
OWNERS AND LOcATORs
....oF....
L T.
APPLICATION FOR PATENT.

A4Gl tCOIU A mast a
the record, and can neither be withdrswn III
returned, but must be transmitted to the GU
ersl Land ONCE. ven
An application will be rejected when tbs
sufficient.
Application for patent will be rejected n.
cause: Do
First The notice was published withousn.
knowledge of the Register.
Second-The notice was not publ,shsd a..
W-phpe designated So published nesresttb
claim.
Third-Record title was found defsc,,,.
and eoH'e,
Fourth-A previous application, b.a
made for the same premises, which was M
drawn pending 9 suit in Court Commenced i.
the adverse claimant.
An application for patent will be reiee..a
when the survey does not accurately de6na ~.
boundaries OF the claim.
Where the claim was not located in accord.
ance with lsw.
Where several parties own separate and A..
tinct portions Of . claim, application -.
patent may be made by either for IN a. no.H ~
OF the claim owned by him: but where so.ar.i
parties own undivided interests in : n3nvaa
claim all should join in an application for :
patent.
A person or association NAV
many placer locations as the local w .5. S
and embrace them all in one application for
patent.
Two or more lodes cannot be embraced :,
4 OAG oFFA11 AOA . R3br4A c4tE0I Tor niaea~
claims embracing two or more Iodes within
their boundaries
Papers sworn to before any person purport.
ing TO act as a deputy for the Register and ne.
ceiyer cannot be recorded as evidence
In sll patents for mining claims s,tns,sa
within the interior boundaries of a TOWN si,a
o clause Is inserted excepting and excIudipg
all town property, rights upon the surfScs
and all houses, buildings, structures. lots'
blocks, streets, alleys or other municip.l a.
provements not belonging 10 the grantee bera-
In, and all rights necessary or proper n tbs
occupation, possession and enjoyment Of the
same"
Publication of notice must be made n o,,v
one newspaper for the period OF co dsvs'
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must elspse between he
fret and last insertions.
Where the Register designEtes the dsily issue
of 9 newspaper for publicAtion Of notices of a
mining application for patent Ii ID not q COM
pliance witt law 10 change to the weekly edi.
ton of the same paper without authority Of
the Register.
The existence Of salt spring on q tract Of
land withdraws 1t from the operation Of the
homestead and presumption lava. A hearing
for the purpose OF proving the agricultural
character Of sueh land In not allowed. Land
contsining valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
NJ AAo1 Az - IL
distinct claim against each application which
II is alleged conflicts with the premises owned
by such adverse claimant.
The papers in sn adverse claim, once filed.
canno be withdrawn. but becomes = part Of the
record.
When an adverse claim has been filed 1t can.
not be amended 30 as to embrace q larger per.
ton OF the premises than that described In tue
original adverse claim.
An adverse claim must be made ont In
proper form and flied In the proper local Office
during the period of publication OF the appt.
cation for the patent 10 be effective.
1t is the duty of the adverse claimant 0
commences suit in proper form within the re
CURED time, and IL he trusts the uncertar
medium Of the United States mail he mus
abide the consequences. should the DELI
ensue, through misfortune or accident. Sho1A
the failure 10 commence suit be the result d
the cor rupt or dishonest action OF his ~attsrnsy,
the Interior Department. cannot redress the
wrong.
An adverse claimant shonld set forth In de-
tail the facts upon which he bases his adverse
cls@. A statement In general terms, embody.
ing conclusions of law, without stating the
facts specially, will not be considered In evi.
dence.
An adverse claimant should show q compli.
snce with the local laws in recording his clsim
and in regard TO expenditures. and shall ne .
copy Of the original notice OF his location, and
show the nature or extent OF the connies
alleged.
All alieRElou OF parties 10 d sun tnat tScy
compose the company 10 sufficient. and they
are not required to prove that they are ths
original l~ocAtors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, If any value. for sgri.
cultural purposes, but Is essential TO the
proper development of mining claims. IL
should be disposed of under the Mining Act,
Where lands contsinins valuable mineral
i Aanaaf&a haua haap fneludad in an Agricultural
entry, said entry will be cancelled 81 any time
prior 10 issuance of patent, upon satisfactory
evidence of the existence Of such valuable de-
posts.
covered upon q tract sitter the same iss been
en- tered as agricultural, but before l tent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled I!
that portion of the land embraced By said
mining claim.
where mineral deposits are discovered on
agricultural lands after the patent has been
issued TO an agricultural claimant. they pass
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
foreigner may make q mining location
dispose OF 1t. provided he becomes 9 c.tIen
before disposing of the mine. Proof that ine
party was not q citizen before disposing OF DIS
claim must be afirmatively shown.
Locators and Intermediate owners, other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion of q mining claim sold 70 ~
alien cannot be patented while suoh owner"
an alien; but on his declaration o becomo'
citizen his right dates back TO his purelssss
cud he may t~hereupon secure Uni'ea o"'
patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 2,336: -.act
Where two OF more lodges cross or ine' ma
each other. priority Of tide shall govern, ara
such prior location shall be entitled 10 ar.
or mineral confirmed within the spsceo OF have
section. but the subsequent location sns inter.
the right Of way through the space % n,snt
section for the purpose of the more
working of the mine. And where twoo. Mali
veins unite the Oldest or prior locauon I'M ~.
take the vein below the point OF IL"
GLIDING all the space OF intersection
TUNNELS.
There ia no authority of law FOR . III
location 5000 by /, 800 feet. A proper !oe'"
is the width OF the tunnel for 5,oUo ieet. NJ
There IL no provision OF law Ior w. mn.
tunnel locations, but lodes discovereo
ming a tunnel may be patented In IKE